Landlord and Tenant - Mobile Home Parks

questions & answers

Question: We have lived in an over 55 community for over 5 years always paying space rent by check, and never being late. Now they say they will not accept payment by check by anyone and if you try to pay by rent they will return your check. They want you to pay by portal or they can automatically deduct from your account. Is this legal?

Answer: There are no rules about what specific forms of rent payment a landlord may or must accept from a tenant. However, if a landlord decides to change their policy regarding what forms of rent payment they will accept, the landlord must provide the tenant with proper notice before the change goes into effect: 30 days in the case of a park rule (A.R.S. § 33-1452(E)), 60 days in the case of an expiring park policy (A.R.S. § 33-1436(C)), and before the rental agreement is renewed if the change will be to a term or condition of the rental agreement itself (A.R.S. § 33-1413).

QUESTIONS

  • We have lived in an over 55 community for over 5 years always paying space rent by check, and never being late. Now they say they will not accept payment by check by anyone and if you try to pay by rent they will return your check. They want you to pay by portal or they can automatically deduct from your account. Is this legal?

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